Are Nicotine Vapes (e-cigarettes) Legal in North Dakota? (2026)

Are Nicotine Vapes Legal? Every state and federal law

Rule type

permanent

Tier

Unscheduled

What the record says

North Dakota law in force today sets age 21 for electronic smoking devices and alternative nicotine products (N.D.C.C. 12.1-31-03) and requires an attorney general dealer license to sell electronic smoking devices (57-36-02). No statewide flavor ban (12.1-31-03.3 only bars flavored e-liquid sales to under-21 buyers), no vape directory, no delivery ban and no state vapor excise were found. A 2025 vape registry amendment to HB 1003 is not in the enacted bill. The 2026 special sessions took up no tobacco or nicotine measures.

Controlling language, verbatim

1. a. It is an infraction for any person to sell or furnish to an individual under twenty-one years of age, or procure for an individual under twenty-one years of age, cigarettes, cigarette papers, cigars, snuff, tobacco in any other form in which it may be utilized for smoking or chewing, electronic smoking devices, alternative nicotine products, or kratom. As used in this subdivision, "sell" includes dispensing from a vending machine under the control of the actor.

Source of excerpt

Citations

1. N.D.C.C. ch. 12.1-31 (12.1-31-03 sale to individuals under 21; definitions) (North Dakota Legislative Council, 2026-11-06) PRIMARYOFFICIAL
2. N.D.C.C. ch. 57-36 (tobacco products tax; licensing) (North Dakota Legislative Council, 2026-11-06)OFFICIAL
3. HB 1003 (2025) bill overview, attorney general budget (enacted without vape directory) (North Dakota Legislative Council, 2026-11-06)OFFICIAL
4. 2025 regular session subject index: Tobacco (North Dakota Legislative Council, 2026-11-06)OFFICIAL

Where Nicotine Vapes (e-cigarettes) stands across the country

Among North Dakota’s 3 neighbors, Minnesota, Montana and South Dakota are legal, the same posture as North Dakota.

Open the interactive map · Every compound in North Dakota · Where Nicotine Vapes are banned · How old do you have to be to buy a vape in North Dakota? · Embed this map

Federal posture

Federally restricted. Federal floor: FDA premarket order required; age 21; PACT Act; no USPS mailing Federal detail

Verbatim law on file for North Dakota

0 instruments on file for this compound’s framework in North Dakota; 4 of 4 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

No verbatim law text on file for this jurisdiction yet.

Related

Nicotine Vapes (e-cigarettes) in neighboring states

• Nicotine Vapes (e-cigarettes) in Minnesota Legal
• Nicotine Vapes (e-cigarettes) in Montana Legal
• Nicotine Vapes (e-cigarettes) in South Dakota Legal

Closest to Nicotine Vapes in North Dakota

• Nicotine Pouches in North Dakota Legal

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